Children's Internet Protection Act (CIPA)

CIPA

New Legislative Developments will Impact Schools

Use the following information and links to learn how to comply with the Children's Internet Protection Act (CIPA). In each section we provide useful information about specific aspects of the law and recommendations to make compliance easier.

Schools are now required by law to install blocking or filtering software to retain federal technology subsidies. On December 21, 2000 the Children's Internet Protection Act (CIPA) was passed by the U.S. Congress requiring all schools and libraries receiving federal technology funding (including E-rate and Title II-D) to meet certain conditions or lose the funding. BASCOM's Global Chalkboard is fully compliant as a "blocking or filtering" technology protection measure.

Schools receiving funding through the above mentioned programs must meet five specific requirements:

Install blocking or filtering technology to protect children from objectionable Internet sites
Have an Acceptable Use Policy for the use of the Internet by students and staff
Hold at least one public meeting to discuss the Internet Acceptable Use Policy (requirement for E-rate only)
Monitor online activities, though not necessarily track the actions of identifiable individuals (requirement for E-rate only)
Receive a Certification of Compliance in order to receive funding

The Federal Communications Commission (FCC) is administering the implementation and regulation of CIPA. Schools that have both E-rate and Title II-D funding assistance will have to meet the requirements of both programs, or risk losing funding for the program whose requirements have not been met. Fortunately, there is a lot of overlap between program requirements. For more information about the impact that CIPA will have on your school, please call BASCOM at 1-888-922-2726.

For the complete CIPA Overview, click here (35K PDF).

Information about Technology Protection Measures

Whether your school receives funding from Title II-D or E-rate, the Children's Internet Protection Act requires schools to implement a technology protection measure that will "block or filter" access to certain types of material on the Internet. With so many technology protection measure options available to schools, it is recommended that a product is used that allows your school to maximize the benefit of the Internet. Technology is available that is flexible, easy to use, compatible with all computer systems, fully customizable by schools, and creates productive learning zones of Web sites.

BASCOM's Global Chalkboard is the only Internet solution falling within the "block or filter" category that empowers teachers, focuses students, and releases the true educational potential of the Internet. BASCOM's Global Chalkboard offers schools customizable "zones" of student Web site access on a per machine or group basis. Teachers can easily choose focused sites for the day's lesson plan, offer students a wider range of educational Web sites, provide a filtered research zone, or supervise unlimited Web access. The K-12 server based solution helps educators to integrate rich, Web-based resources into the classroom in a safe and orderly manner — all while enhancing the security, efficiency and educational standards of the school in compliance with the Children's Internet Protection Act.

For Title II-D Funding

Specific technology is required to either "block or filter" Internet access to the following:

Visual depictions of obscenity, child pornography, and material harmful to minors when in use by minors. (The legislation defines a minor as "any individual who has not attained the age of 17 years").

For E-rate Funding (also E-rate and Title II-D Funding)

The technology is required to either "block or filter" Internet access to the following:

Visual depictions of obscenity and child pornography when in use by adults.
Visual depictions of obscenity, child pornography, and material harmful to minors when in use by minors. (The legislation defines a minor as "any individual who has not attained the age of 17 years").
Able to be configured for both adults and minors.
Able to be disabled at the workstation level for bona fide adult use.

Internet Acceptable Use Policy

The AUP establishes guidelines for appropriate Internet use by students and staff along with its enforcement. It is a clearly defined document that communicates a mutual understanding of how the Internet may be appropriately used through school resources. It is designed to protect the interests of students, parents, teachers, and administrators.

Required to retain E-rate funding, the Internet Acceptable Use Policy (AUP) must address the following requirements:

Enforcement to ensure the operation of the filtering technology during any use of such computers by minors.
Access by minors to inappropriate matter on the Internet.
The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications.
Unauthorized access, including so-called 'hacking' and other unlawful activities by minors online.
Unauthorized disclosure, use and dissemination of personal identification information regarding minors.
Measures designed to restrict minors' access to materials harmful to minors.
Means of monitoring the online activities of minors. However, the legislation states that "Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user."

The above requirements are necessary to receive E-rate funding. Your school may include additional requirements to best meet your needs and objectives. To make writing this policy easier for you please review the sample policies below. You may copy any portion of our samples for your own use.

Internet Acceptable Use Policies

Holding a Public Meeting

The Public Meeting is required for your school to be eligible for E-rate funding. The Children's Internet Protection Act provides the following guidelines for the meeting:

An authority with responsibility for the K-12 school must "provide reasonable public notice and hold at least 1 public hearing or meeting to address the proposed Internet use policy."

The minimal guidelines allow for flexibility in how to handle the meeting, but creates problems if the meeting is not managed effectively. Managing the meeting effectively will provide greater communication, generate community support and minimize the potential for conflict. To run the meeting effectively some standard meeting tactics have been provided.

Be Prepared — Just like when conducting any meeting it is important to remain in control of the situation.
Develop a clear and understood agenda.
Know what points you will make.
Anticipate the expected audience response to your points.
Anticipate expected questions from the audience.
Develop a plan for closing the meeting.
After the meeting, members from the school should discuss points and issues raised.

Suggested Discussion Points:

Discuss the facts for calling the public meeting. The public meeting is required by law in order to retain E-rate funding.
In December 2000, the U.S. Congress passed a law requiring technology protection measures and compliance standards be implemented in order to retain federal E-rate and Title II-D funding.
Some restrictions of the legislation may be contentious. Make it clear that aside from not receiving financial assistance there is little that can be done. This may help keep the meeting focused on the objective of educating the public about the Internet Acceptable Use Policy and listening to their concerns.
Outline how the school is reaching compliance.
Talk with the audience about how the technology ultimately is an educational tool that will help teachers and students get the most out of the Internet.

Help with Monitoring

Schools receiving E-rate funds must monitor the online activities of minors, but the Children's Internet Protection Act does not require that the activities be tracked to the identity of a user. It requires that:

"Monitoring the online activities of minors either through supervisory or technological means."
"Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user."

The easiest way to monitor the online activities of children are through faculty or staff supervision. Since monitoring the online activities through staff may become a burden on resources, and perhaps ultimately limit student use of the Internet, it is recommended to use technology for monitoring purposes.

Certification of Compliance

Schools must certify that they have met the following requirements depending on the federal funding program used. If a school receives funds from both E-rate and Title II-D, then they complete both certifications.

For E-rate Certification, the FCC will require schools to certify the following using Form 486:

A technology protection measure is in place that protects against Internet access to visual depictions of obscenity and child pornography when computers are in use by adults.
A technology protection measure is in place that protects against Internet access to visual depictions of obscenity, child pornography and material harmful to minors when computers are in use by minors.
The operation of the technology during computer use is being enforced.
Schools are "monitoring the online activities of minors either through supervisory or technological means."

For Title II-D Certification, the FCC will require schools to certify the following through the yearly application process:

technology protection measure is in place that protects against Internet access to visual depictions of obscenity and child pornography when computers are in use by adults.
A technology protection measure is in place that protects against Internet access to visual depictions of obscenity, child pornography and material harmful to minors when computers are in use by minors.
The operation of the technology during computer use is being enforced.